The Committee on Foreign Investment in the United States (CFIUS)–Recent Trends, Tips, and Pending Legislation

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CFIUS conducts national security reviews of foreign investments in U.S. companies. In 2017, CFIUS underwent dramatic changes, reviewing more deals, taking longer (on average) to review each one, and scuttling more deals. These trends are continuing in 2018. In addition, at the end of 2017, a bipartisan congressional coalition introduced new legislation that would broaden CFIUS jurisdiction and make CFIUS review impossible to avoid for many types of transactions; this legislation has a reasonable chance of enactment in 2018.

Please join us for a timely CFIUS overview, including recent trends and tips for dealing with CFIUS, as well as a discussion of the pending legislation.

Stephen Heifetz is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he advises clients on laws and policies at the intersection of international business and national security. Stephen previously served in the U.S. government on the Committee on Foreign Investment in the United States (CFIUS) and regularly helps clients determine whether to make a CFIUS filing and how to navigate the CFIUS process, including negotiating mitigation measures as needed to obtain CFIUS clearance. He has been involved in hundreds of CFIUS cases.

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